Torture - crimes against humanity

Germany

Germany - Code of Crimes against International Law 2002 EN

Article 1 Code of Crimes against International Law (CCAIL)

Part 2 Crimes against International Law

Chapter 1 Genocide and crimes against humanity

Section 7 Crimes against humanity

(1) Whoever, as part of a widespread or systematic attack directed against any civilian population,

5. tortures a person in his or her custody or otherwise under his or her control by causing that person substantial physical or mental harm or suffering where such harm or suffering does not arise only from sanctions that are compatible with international law,

shall be punished with imprisonment for not less than five years.

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(f) Torture;

2. For the purpose of paragraph 1:

(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;